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ALLIN TOWBARS WEBSITE TERMS OF USE

  1. This website is owned and operated by Allin Towbars Pty. Ltd. as trustee for the Allin Towbars Unit Trust (ABN 34 655 051 962), referred to in these terms as ‘we’, ‘us’ and ‘our’.
  2. By using our website, you agree to be bound by these terms. If you do not agree with the terms, do not use our website.

 

Placing orders 

  1. Our fees are displayed in Australian dollars and are inclusive of GST.
  2. We reserve the right to change our prices at any time. However, if you have already placed an order, the price that applied at the time of placement will apply to that order.
  3. We will only accept orders via our website where payment is made at the same time.
  4. Each order placement will constitute an offer by you to purchase goods from us. We may accept or reject your offer to purchase at our discretion. If we accept your offer to purchase, you will be bound to purchase the goods ordered.
  5. Any order placed by you on our website will be taken to have been placed by you personally or by someone acting as your expressly authorised agent.
  6. You cannot cancel an order except with our consent, which we can withhold at our discretion.
  7. If we are unable to fill your order for any reason, we will notify you as soon as possible and refund to you the full purchase price within 5 business days of notification.

 

Shipping

  1. We use the services of a third party carrier to deliver the goods to you. Carriage of the goods is subject to the carrier’s terms and conditions.
  2. We will not be responsible and we will have no liability to you if delivery is not made within the time requested or represented on our website, or if the goods are lost or damaged in transit. Any right of recovery you may have in those instances will be against the carrier, not against us.
  3. Orders placed via our website cannot be shipped to any address outside of Australia. Please contact us if you wish to place an order with an overseas delivery address.

 

Payment service

  1. Our website is embedded with a third party payment service to collect payments for orders placed via our website.
  2. You must use the payment service to pay all fees associated with the purchase of the goods. To the maximum extent permitted by law, all amounts paid by you are non-cancellable and non-refundable and must be paid without set-off or deduction.
  3. You must not share your credit card details with anyone.
  4. You must follows all directions and prompts displayed by the payment service when processing your payment.
  5. We will not collect or store any of your payment details provided through the payment service.
  6. Your payment details (including credit card details) will be collected, used and stored by the payment service in accordance its terms and conditions. As such, we cannot guarantee the security of your payment details provided through the payment service. However, for your protection, our website will only use the payment service of a provider who adheres to the Payment Card Industry Data Security Standard.

 

Refunds

  1. If the goods delivered to you are faulty, damaged or do not match the description of the goods that you ordered then we will, at our option (unless otherwise required by the Australian Consumer Law), either repair or replace the goods or refund the purchase price for the goods, provided that you are able to produce proof of purchase if requested by us.
  2. We may require you to return the goods to us before we action a refund or replacement. You are generally entitled to be compensated for your reasonable costs of the returning the goods if they prove to be faulty, damaged or not fit for purpose.
  3. We reserve the right to inspect the goods to determine the cause of any fault or damage. If we determine that the fault or damage was not caused by us, acting reasonably, then we may refuse to repair, replace or refund the goods.
  4. We are under no obligation to provide a refund or exchange of goods in the event that you change your mind. Any such refund or exchange is in our absolute discretion from time to time.

 

User details

  1. You must ensure that your details are correct when placing an order on our website. We are entitled to rely on the details you provide when placing an order. If your details are incorrect and the incorrect information interferes with the order in any way, we will not be liable.
  2. If our website, from time to time, allows you to create a user account, you must ensure that the account details are correct at all times. You will also be responsible for maintaining the confidentiality of your user name and password. You will also be solely responsible for any activity that occurs on your account, including being responsible for all fees and charges incurred on your account, irrespective of who has accessed your account.

 

Contents of website

  1. Our website may contain hyperlinks to other websites from time to time. These links are provided for information and convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website.
  2. Unless otherwise indicated, any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or goods which they provide.
  3. We reserve the right to remove or delete any hyperlinks or third party content from our website in our absolute discretion, without liability to you.
  4. We do not permit the linking of our website without our prior consent. We reserve the right to serve you with notice to cease if we become aware of such linking.
  5. Your access to the another website will be governed by that website’s own terms, and it is your responsibility to ensure you read and accept its terms.
  6. Subject to our obligations under the Australian Consumer Law, we make no representation or warranty that the information provided on our website is timely, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information or material provided on our website, or for any incorrect or misleading information provided on our website.

 

Intellectual property

  1. The copyright to all content on our website, except for material posted via embedded third-party websites (including the payment service) and links to other websites, belongs to us or we hold rights to use such content. Your access to our website does not grant you a licence to use any of the content in any commercial manner without our prior written consent, which may be withheld in our absolute discretion.
  2. Except for content that is stored in your computer or device’s cache or a single permanent copy of the content for your personal use, you must not modify, copy, transmit, distribute, display, reproduce, publish or license, use or attempt to use any of the content on our website.
  3. You must also not mirror any page of our website or use any automated process of any sort to query, access or copy any of our website’s content or generate or compile any document or database based on our website’s content.

 

Email communications

  1. We may correspond with you by email. Email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release us from any claim you may have arising from transmission defects.
  2. It is common for emails to be interfered with to extract payments from recipients. If you receive any payment directions or payment details via email from us or purporting to be from us, you are responsible for ensuring the genuineness of the communication. We will not be liable for any loss or damage you suffer as a result of your reliance on emails from us or purporting to be from us.

 

Your privacy

  1. The terms on which we collect, maintain and dispose of data collected from and about you through our website is set out in our Privacy Policy. Our Privacy Policy is incorporated into these terms.
  2. We may update our Privacy Policy from time to time, and any amendments will be binding on you from the date such amendments are posted on our website.

 

Disclaimers

  1. Whilst we take all due care in publishing our website and providing the goods, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
  2. We do not accept any liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to our website or its use. You should take all appropriate and adequate precautions to ensure that whatever is selected from our website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

 

Limitation of liability

  1. The limitations of our liability set out in these terms apply to the maximum extent permitted by law. Nothing in these terms excludes, restricts or modifies, or has the effect of excluding or modifying, the provisions of the Australian Consumer Law or any other legislation which may not be excluded, restricted or modified by agreement.
  2. Any condition or warranty which would otherwise be implied into these terms is excluded.
  3. Subject to statutory warranties and guarantees under the laws of the state in which the goods are delivered, we make no representations and give no warranties about the goods.
  4. Our liability for breach of an implied warranty or condition is limited to the supply of the goods again or payment of the costs of having the goods supplied again.
  5. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from goods we have supplied. We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of our website, our website’s content or the goods.

 

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your access to and use of the website, your breach of these terms, the actions of any carrier or payment service used by us, and your use of any of our website’s content.

 

General

  1. We reserve the right to amend these terms at any time. Your use of our website following any amendment will represent your agreement to be bound by these terms as amended.
  2. If any of these terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such term will be severed and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.
  3. Our rights and remedies under these terms cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.
  4. These terms are governed by and construed in accordance with the laws of South Australia and the Commonwealth of Australia (as applicable), and each party must submit to the non-exclusive jurisdiction of the courts of South Australia.
  5. We may terminate your right to access and use our website at any time if you breach these terms.
  6. Any dispute that arises out of these terms must first be referred to us for resolution, by providing us with notice sufficiently describing the issue and your proposed resolutions. We will do our best to resolve the dispute by discussion with you within 10 business days of being notified. If we are not able to resolve the dispute in that time frame, then it may be referred to a South Australian or Federal court of competent jurisdiction.